A federal judge ruled on Thursday that President Trump must return authority over California’s National Guard to Governor Gavin Newsom by Friday afternoon, triggering an immediate response from the administration to begin the appeals process. The decision came as Trump faced mounting legal challenges over his deployment of thousands of guardsmen to Los Angeles in response to protests connected to his immigration enforcement agenda.
U.S. District Judge Charles Breyer, appointed by former President Bill Clinton and brother of retired Supreme Court Justice Stephen Breyer, issued a temporary block on Trump’s actions. However, he delayed enforcement of the order until noon Pacific time on Friday, giving the administration a brief window to launch an emergency appeal.
In his written decision, Breyer said the case centered on whether the president adhered to the legal process set by Congress. “He did not,” Breyer wrote, concluding that Trump’s actions both exceeded the limits of his statutory authority and violated the Tenth Amendment, which reserves certain powers to the states. As a result, Breyer said control of the California National Guard must be returned to the state’s governor “forthwith.”
The judge also dismissed the administration’s justification for the deployment, saying the demonstrations in Los Angeles, while tense at times, “fall far short” of the kind of insurrection that might warrant such a federal response.
The ruling represents a significant, albeit temporary, legal win for Governor Newsom and California Attorney General Rob Bonta, who have argued that Trump’s order amounted to an unconstitutional intrusion on state sovereignty. The administration’s legal team is now racing to overturn the decision before the judge’s deadline takes effect.